At Santucci Family Law, we understand that support, whether child or spousal, is oftentimes at the heart of the matter for our clients. We understand the importance of guiding you through a realistic assessment of your needs and advocating for the best possible outcome.
Child Support.
Child support is ordinarily ordered by the court when minor children are involved in a marital dissolution or paternity action. Child support is based largely on the physical custody structure, as well as the allocation of taxable and non-taxable income between the parents, with certain other relevant factors.
Spousal Support.
Spousal support, on the other hand, is applicable whether or not there are minor children, and can be based on the income of the parties and length of the marriage in the “short run.” A more nuanced, multi-factorial analysis is required for long term spousal support. We also assist clients with cases involving post-judgment support modifications due to a change in circumstances, such as the influx of royalty income, vesting of stock options, or inheritance.
so if your ex spouse remarries child support more than likely will not be impacted because child support flows with the child and their needs it also is based on your income and your spouse’s your ex spouse’s income so your co-parents income and how much time do you spend with the child so those are the key factors in in calculating child support whether you remarry or your co-parent remarries is really not a factor no
The biggest trend I see in the awarding of spousal support these days is that the Court’s really looking hard at the person being supported so looking at them to take on a little bit more of their duty to become self-supporting so contribute in some way toward their own support getting a job being imputed with income even if they’re not working um it looks to me like the trend is more toward greater expectation for the paye of support who’s receiving it to also contribute to defray their own expenses with their own income
so beyond basic child support or what we call guideline child support that’s calculated like we said based on income and time share yes under the family code you can be required to pay by the court what we call additional child support for four different categories so there can be child care expenses based on what a parent needs to work during their custodial time there can be uninsured Medical expenses that the court can require you to split 50/50 or in some other proportion there can be uh special educational expenses that can be considered child support or travel expenses necessary to exercise the visitation that you have with your child so the court can make orders between the two of you of What proportion you should share in addition on top of the guideline number
in terms of how many years you need to be married to qualify to receive spousal support it’s not really about the years that you’re married you’re eligible to receive spousal support anytime you’re married married even for a short-term marriage um which would be considered under 10 years in length but even if you’re married for a couple of years you’re still eligible now it will go to duration I would say of how long you’re going to get support so the shorter the marriage the shorter length of time you’re going to be eligible the Court’s going to think you’re going to be able to go out and earn money and ultimately become self-supporting at a certain point in time and that more goes to the length of the marriage